LAWS(SC)-2013-9-103

STANDARD CHARTERED BANK Vs. DHARMINDER BHOHI

Decided On September 13, 2013
STANDARD CHARTERED BANK Appellant
V/S
Dharminder Bhohi Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal depicts a factual score where this Court is constrained to say that delay in disposal of the application by the Debts Recovery Tribunal and the appeal by Debt Recovery Appellate Tribunal have the effect potentiality of creating a corrosion in the economic spine of the country. It exposits a factual expose' which is not only perplexing but usher in a sense of puzzlement which in the ultimate eventuate compels one to ask: "How long can the financial institutions would suffer such procrastination How far the public interest be put to hazard because of small, and sometimes contrived individual interest To what extent the defaulters be given protection in the name of balancing the stringent powers vested on the banks and the statutory safegurards prescribed in favour of loanees Even assuming there are legal lapses and abuses, how long the statutory tribunals take to put the controversy to rest being oblivious of the fact that the concept of flexibility is insegragably associated with valuation of any asset One is bound to give a wake up call and we so do by saying "Tasmat Uttistha Kaunteya"; "Awake, Arise, 'O' Partha".

(3.) The present appeal, by special leave, is directed against the judgment and order dated 16.7.2010 passed by the High Court of Delhi in Writ Petition (C) No. 4694 of 2010.